HB5725 96TH GENERAL ASSEMBLY

LRB096 18874 RLJ 34261 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5725

Introduced 2/9/2010, by Rep. Michael P. McAuliffe

SYNOPSIS AS INTRODUCED:

55 ILCS 5/5-1005.7 new
65 ILCS 5/8-11-25 new

Amends the Counties Code and the Illinois Municipal Code. Provides that home rule counties and municipalities with more than 500,000 inhabitants may not adopt an ordinance or resolution making an appropriation or containing a substantial tax increase unless (i) a copy of that ordinance or resolution, in its final form, has been made conveniently available on the county or municipality's Internet website for at least 7 days before the bill is considered for final passage and (ii) notice of the ordinance is given by publication in a newspaper of general circulation in the county or municipality not less than 7 nor more than 30 days before the ordinance or resolution is considered for final passage. Provides that, by a motion adopted by a record vote of at least three-fifths of the members elected, the county board or corporate authorities of the municipality may provide that those restrictions do not apply with respect to any one or more ordinances or resolutions specified in the motion. Defines "substantial tax increase" as an aggregate increase in one or more State taxes that will result in increased revenues that are equal to 1% or more of the most recently adopted county or municipal budget. Preempts home rule powers. Effective immediately.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Counties Code is amended by adding Section 5-1005.7 as follows:

(55 ILCS 5/5-1005.7 new)

Sec. 5-1005.7. Public availability requirement for appropriations and tax increases.

(a) A home rule county may not adopt an ordinance or resolution making an appropriation or containing a substantial tax increase unless (i) a copy of that ordinance or resolution, in its final form, has been made conveniently available to the public on the county's Internet website for at least 7 calendar days before the ordinance or resolution is considered for final passage and (ii) notice of the ordinance is given by publication in a newspaper of general circulation in the county not less than 7 nor more than 30 days before the ordinance or resolution is considered for final passage.

(b) Upon a motion adopted by a record vote of at least three-fifths of the members elected, the county board may provide that the restrictions set forth in subsection (a) do not apply with respect to any one or more ordinances or resolutions specified in the motion.

(c) For the purpose of this Section, "substantial tax increase" means an aggregate increase in one or more county taxes that will result in increased revenues that are equal to 1% or more of the most recently adopted county budget.

(d) This Section is a denial and limitation of home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution.

Section 10. The Illinois Municipal Code is amended by adding Section 8-11-25 as follows:

(65 ILCS 5/8-11-25 new)

Sec. 8-11-25. Substantial tax increases; referenda required.

(a) A municipality with more than 500,000 inhabitants may not adopt an ordinance or resolution making an appropriation or containing a substantial tax increase unless (i) a copy of that ordinance or resolution, in its final form, has been made conveniently available to the public on the municipality's Internet website for at least 7 calendar days before the ordinance or resolution is considered for final passage and (ii) notice of the ordinance is given by publication in a newspaper of general circulation in the municipality not less than 7 nor more than 30 days before the ordinance or resolution is considered for final passage.

(b) Upon a motion adopted by a record vote of at least three-fifths of the members elected, the corporate authorities of the municipality may provide that the restrictions set forth in subsection (a) do not apply with respect to any one or more ordinances or resolutions specified in the motion.

(c) For the purpose of this Section, "substantial tax increase" means an aggregate increase in one or more county taxes that will result in increased revenues that are equal to 1% or more of the most recently adopted municipal budget.

(d) This Section is a denial and limitation of home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution.

Section 99. Effective date. This Act takes effect upon becoming law.